This is general advice if you have Council Tax or Community Charge arrears and may have bailiffs calling at your home.
If a bailiff has contacted you to collect another sort of debt the law might be different, contact Credit and Loan Management Ltd for advice on 0800 0727 844.
Check that the bailiff is certificated. www.hmcourts-service.gov.uk
If the bailiffs have not been into your home before to collect this debt, they have no right to come in.
They cannot break in. You can choose not to let them in.
Don't open the door to them as they may try to push past you.
If they get inside, they may have the right to enter again and may break in to take your goods.
Don't leave windows open or doors unlocked – bailiffs can legally get through these.
Bailiffs cannot get the police to help them break in.
Some bailiffs may leave you a phone number, and arrange to come round to ‘have a chat’.
Don't let them in, no matter what they say, even if it's only to use the toilet or make a phone call.
It’s illegal for bailiffs to break into sheds, garages, greenhouses.
Keep valuables safe.
They may be able to take cars, motorbikes and other vehicles parked near your home so lock them in a garage.
Refuse to let the bailiffs in.
Offer what you can afford to pay.
If the bailiff leaves papers for you to sign and return, don't sign anything.
If bailiffs have already been inside your home, this is more serious.
They then have the right to return to your home and if you don't let them in, they are allowed to break in.
Contact the bailiff straight away and make an offer to pay the debt by instalments.
Bailiffs are not allowed to take goods that are rented or hired.
The regulations state the following items are exempt and cannot be taken:
Tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation.
Clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family.
Bailiffs may have a different idea of what items are necessary for you to keep and what they can take.
Bailiffs' charges for Council Tax from APRIL 2007
For a visit to your home where no entry is made and a list of goods is not made (i.e. a levy is not made)
£24.50 for a first visit (£22.50 in Wales)
£18.00 for a second visit (£16.50 in Wales)
No further charges for further visits
For making a levy (i.e. where the bailiffs gain peaceful entry and make a list of goods)
£24.50 (£22.50 in Wales) for the first £100 or less
4% for the next £400
2.5% for the next £1,500
1% for the next £8000
0.25% for any additional amount.
If you’re having trouble with bailiffs or have any other debt problems. Post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
Thursday, 14 April 2011
Wednesday, 13 April 2011
Post Judgment Interest.
A customer who had been taken to court prior to being in a debt management plan, contacted Credit and Loan Management Ltd for advice. The creditor had obtained a county court judgement against the customer, but was adding on post judgement interest. This meant the balance was increasing.
Credit and Loan Management Ltd recommended the customer make a formal complaint.
Credit and Loan Management Ltd drafted the complaint letter, stating the customer believed the debt collection company was not managing the account as per the Terms & Conditions of the credit card agreement by adding post judgment interest.
The customer requested the debt collection company either provide a copy of the signed agreement containing the clause which legally allows them to add post judgement interest or remove all the post judgement interest immediately and to confirm in writing that this has been done.
If the debt collection company does not comply, they could be acting illegally and a complaint could then be forwarded to (FOS) Financial Ombudsman Service.
We await the debt collection company’s decision.
If you're having post judgement added to a county court judgement or any other debt problems. Post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
Credit and Loan Management Ltd recommended the customer make a formal complaint.
Credit and Loan Management Ltd drafted the complaint letter, stating the customer believed the debt collection company was not managing the account as per the Terms & Conditions of the credit card agreement by adding post judgment interest.
The customer requested the debt collection company either provide a copy of the signed agreement containing the clause which legally allows them to add post judgement interest or remove all the post judgement interest immediately and to confirm in writing that this has been done.
If the debt collection company does not comply, they could be acting illegally and a complaint could then be forwarded to (FOS) Financial Ombudsman Service.
We await the debt collection company’s decision.
If you're having post judgement added to a county court judgement or any other debt problems. Post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
Friday, 25 March 2011
£19,000 Personal loan proved unenforceable
A customer of Credit and Loan Management Ltd (Mr. C) had been issued with court papers from a major high street bank. A defence requesting a copy of the credit agreement was duly filed. The bank provided the credit agreement and it was found the loan included Payment Protection Insurance (PPI). The customer insisted the loan was conditional on having payment protection insurance, this meant he was told he had to have the insurance or he would not get the loan. Plus the credit agreement had various breaches under the consumer credit act. The case was passed to several solicitors and it was a struggle to find anybody to take the case. Eventually a solicitor agreed to run the case but as time went on, it was becoming clear that lenders were winning these types of cases and even if solicitors won they were struggling to get costs.
After a two year fight, we are pleased to announce, the bank have agreed the debt is unenforceable as long as Mr. C agrees to pay his own solicitors costs (£2,500).
The result is Mr. C. has no county court judgment (CCJ) against him and a £19,000 personal loan has been proved unenforceable. He only has to pay his own solicitors costs (£2,500) at a rate of £50.00 per month.
Mr. C said “I'm very pleased with the outcome; I was in serious financial difficulties. I have told everybody about Credit and Loan and cannot recommend you enough”.
If you're having debt problems, either post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
Something else of interest. Credit card borrower tortured by lender, says judge
Something else of interest. Credit card borrower tortured by lender, says judge
Debt collectors threatening to call at your home.
Many people with debt problems receive letters stating a debt collector will call at their home. There is very often a date given, for example Wednesday 30th March 2011 between 8am and 8pm.
These letters are designed to get a reaction from the debtor. The reaction the debt collector wants is for the customer to panic and telephone them. The debt collector will then try to capture the debtor’s phone number and either demand full settlement of the debt immediately or some sort of payment proposal.
It is very rare for anybody to visit the debtor’s home; the letter is very successful in panicking the debtor into telephoning. Although it is very unusual for anybody to call, Credit and Loan Management Ltd provide open letters for our customers to hand to anybody who visits the customers home. They request that the debt collector does not call at the house again and invites the debt collector to contact Credit and Loan Management Ltd.
Letters from debt collectors should not be ignored, but we would recommend making payment proposals in writing rather than telephoning. Credit and Loan Management Ltd can do this on your behalf.
If you're having trouble with debt problems, either post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
These letters are designed to get a reaction from the debtor. The reaction the debt collector wants is for the customer to panic and telephone them. The debt collector will then try to capture the debtor’s phone number and either demand full settlement of the debt immediately or some sort of payment proposal.
It is very rare for anybody to visit the debtor’s home; the letter is very successful in panicking the debtor into telephoning. Although it is very unusual for anybody to call, Credit and Loan Management Ltd provide open letters for our customers to hand to anybody who visits the customers home. They request that the debt collector does not call at the house again and invites the debt collector to contact Credit and Loan Management Ltd.
Letters from debt collectors should not be ignored, but we would recommend making payment proposals in writing rather than telephoning. Credit and Loan Management Ltd can do this on your behalf.
If you're having trouble with debt problems, either post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
Friday, 11 March 2011
Attachment to earnings.
Credit and Loan Management Ltd was approached by a customer who had just received an attachment to earnings notification. Because he had not been with his employer very long, he was worried that if his boss was involved he might lose his job.
This is another example of how, by ignoring the county court judgment (CCJ); it does not go away and can lead to further action, in this case an attachment to earnings.
Credit and Loan Management Ltd completed to relevant court forms and requested the court accept a monthly payment without the need to contact the customer’s employer.
Success: The court accepted the offer of monthly payments without the need to make the attachment to earnings, subject to regular payments. Credit and Loan Management Ltd also contacted the customers other creditors and arranged reduced payments.
The customer is very happy; because he now has no problem with his boss and all his creditors are now under control.
If you receive a County Court Judgment(CCJ), the advice is always, DO NOT ignore it.
Please contact Credit and Loan Management Ltd if you need any advice on County Court Judgments , attachment to earnings or debt in general or post a comment on the blog.
This is another example of how, by ignoring the county court judgment (CCJ); it does not go away and can lead to further action, in this case an attachment to earnings.
Credit and Loan Management Ltd completed to relevant court forms and requested the court accept a monthly payment without the need to contact the customer’s employer.
Success: The court accepted the offer of monthly payments without the need to make the attachment to earnings, subject to regular payments. Credit and Loan Management Ltd also contacted the customers other creditors and arranged reduced payments.
The customer is very happy; because he now has no problem with his boss and all his creditors are now under control.
If you receive a County Court Judgment(CCJ), the advice is always, DO NOT ignore it.
Please contact Credit and Loan Management Ltd if you need any advice on County Court Judgments , attachment to earnings or debt in general or post a comment on the blog.
Friday, 25 February 2011
Save over 80% off your debts.
Credit & Loan Management Ltd have successfully negotiated full and final settlements of between 50% and 80%.
How is this done and why do lenders accept lower settlements?
EXAMPLE:
One of our customers in debt management could be paying as little as £3.00 per month to one of their creditors with a £20,000 credit card balance.
At £3.00 per month it will take 555 years to clear the debt. So if the lender was offered £4,000 (20%) as full and final settlement, what will they do?
1. Accept the offer.
2. Decline the offer and continue to take the £3.00 per month for 555 years. This basically means the lender will never see the total balance, plus it costs the lender an amount every month to manage the account.
On many occasions lenders will accept the offer, or suggest another offer which maybe higher but still an acceptable deal. Sometime reduced balances can be obtained by making an offer of increased payments.
If you wish to discuss how to make a reduced settlement offer or any other debt problems, either post a comment on the blog or telephone Credit & Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
How is this done and why do lenders accept lower settlements?
EXAMPLE:
One of our customers in debt management could be paying as little as £3.00 per month to one of their creditors with a £20,000 credit card balance.
At £3.00 per month it will take 555 years to clear the debt. So if the lender was offered £4,000 (20%) as full and final settlement, what will they do?
1. Accept the offer.
2. Decline the offer and continue to take the £3.00 per month for 555 years. This basically means the lender will never see the total balance, plus it costs the lender an amount every month to manage the account.
On many occasions lenders will accept the offer, or suggest another offer which maybe higher but still an acceptable deal. Sometime reduced balances can be obtained by making an offer of increased payments.
If you wish to discuss how to make a reduced settlement offer or any other debt problems, either post a comment on the blog or telephone Credit & Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.
Wednesday, 9 February 2011
Stop telephone harassment 100% guaranteed.
If you’re receiving telephone calls from creditors/debt collectors, this can become very stressful. Many debt collection companies have automated dialling systems that continually dial numbers and when you answer they look for an operator that’s free and your details pop up in front of them. This is why, when you answer, there is very often a delay in them speaking to you. These phone calls can be numerous, at all times of the day and include weekends. The OFT is vague and says they can call you at reasonable times. But what is reasonable for one person is not reasonable for another.
If you're receiving these types of debt collection calls we would always recommend that you change your telephone number and go ex-directory. With many telephone companies this can be free and only take a few days (very often depends if you're still in contract with the provider or not). Or you could have the land line disconnected all together which is one less bill that you have to pay. If you’re receiving these calls to your mobile, again change your sim card (pay as you go) or ask your provider for a new number, this can very often be free or a small fee (very often depends if you're still in contract with the provider or not).
Then if you ever feel the need to telephone the creditor or debt collector dial 141 before you ring them to hide your number and never give it out or give them an old mobile number which is easily disposable.
This should not be viewed as a way of avoiding your creditors/debt collectors. We recommend you then contact your creditors/debt collectors in writing and make whatever offer you can afford. Of course Credit and Loan Management Ltd could do this on your behalf.
If you cannot have your number changed because it’s a business line etc you could write to the debt collector and ask to be contacted in writing only and ask them to remove your number from their system.
Maybe quote The Administration of the Justice Act (1970) and The Consumer Credit Act (1974) regarding unduly or unfairly harassing a customer and the OFT’s guidance on debt collection and unfair business practices.
“Communication
2.2 Examples of unfair practices are as follows:
Ignoring or disregarding debtors’ legitimate wishes in respect of when and where to contact them.
This can be difficult because the debt could be moved to another debt collector and you will have to start all over again.
Of course Credit and Loan Management Ltd could do this on your behalf, but even if we acted on your behalf, our advice is to change your telephone number, but your creditors could then contact us. Once your number has been changed and you go ex-directory the telephone harassment will STOP 100% guaranteed.
If you're having trouble with creditors or debt collectors telephoning you or any other debt problems, either post a comment on the blog or telephone us for free advice on 0800 0727 844, we will be happy to help.
If you're receiving these types of debt collection calls we would always recommend that you change your telephone number and go ex-directory. With many telephone companies this can be free and only take a few days (very often depends if you're still in contract with the provider or not). Or you could have the land line disconnected all together which is one less bill that you have to pay. If you’re receiving these calls to your mobile, again change your sim card (pay as you go) or ask your provider for a new number, this can very often be free or a small fee (very often depends if you're still in contract with the provider or not).
Then if you ever feel the need to telephone the creditor or debt collector dial 141 before you ring them to hide your number and never give it out or give them an old mobile number which is easily disposable.
This should not be viewed as a way of avoiding your creditors/debt collectors. We recommend you then contact your creditors/debt collectors in writing and make whatever offer you can afford. Of course Credit and Loan Management Ltd could do this on your behalf.
If you cannot have your number changed because it’s a business line etc you could write to the debt collector and ask to be contacted in writing only and ask them to remove your number from their system.
Maybe quote The Administration of the Justice Act (1970) and The Consumer Credit Act (1974) regarding unduly or unfairly harassing a customer and the OFT’s guidance on debt collection and unfair business practices.
“Communication
2.2 Examples of unfair practices are as follows:
Ignoring or disregarding debtors’ legitimate wishes in respect of when and where to contact them.
This can be difficult because the debt could be moved to another debt collector and you will have to start all over again.
Of course Credit and Loan Management Ltd could do this on your behalf, but even if we acted on your behalf, our advice is to change your telephone number, but your creditors could then contact us. Once your number has been changed and you go ex-directory the telephone harassment will STOP 100% guaranteed.
If you're having trouble with creditors or debt collectors telephoning you or any other debt problems, either post a comment on the blog or telephone us for free advice on 0800 0727 844, we will be happy to help.
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